ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  23 September 2019

	DOCKET NUMBER:  AR20180012648


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate or Discharge from 
Active Duty) to show his rank/grade as Specialist-Five (SGT/E5)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	self-authored statement

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states she made Sergeant coming from Fort Lewis, WA to Mannheim, 
Germany.  Her orders made it to Coleman Barracks, Bravo Company, 97th Signal 
Battalion, Fort Gordon, GA.  At the time, everyone knew about the orders; however CPT 
X___ acknowledged the orders coming from stateside and refused to present the order 
to her.  Many service members were calling her Sergeant and she wanted to know why 
it was not acknowledged.  Her original military personnel record jacket and dental 
records were not hand-carried by her and they never made it state-side.  She has been 
searching to find them for many years.  

3. The applicant provides a self-authored statement, which states she is inquiring about 
her E-5 that was awarded to her from Fort Gordon, GA by way of Fort Lewis 
Washington.  She has never been demoted and when she was discharged, her DD 
Form 214 should have read Sergeant (E-5).  She was deprived of her pay raise and 
promotion.  It bothered her that her military personnel records were lost, but her orders 
should be archive somewhere, which can prove this information.  She would like to be 
awarded on paper her true rank at the time of her discharge.  

4.  A review of the applicant’s service record shows: 

	a.  Have had prior service in the Regular Army, she reenlisted on 12 May 1981.  She 
served in Charlie Company, 97th Signal Battalion, Germany from 11 May 1982 to          
1 March 1983.

	b.  Her DA Form 2-1 (Personnel Qualification Record) shows her rank/pay grade as 
SP4/E-4, as of 19 January 1982, by authority of Orders 11-41, dated 19 January 1982.  

5.  She was discharged under the provisions of Army Regulation 635-200, para 6-3b, 
hardship on 13 May 1983.  

6.  Her DD Form 214 shows her rank/pay grade was SP4/E4 at the time of her relief 
from active duty.

7.  Her service record is void of promotion order to the rank/grade of SGT/E-5.

8.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, 
prescribed policies, responsibilities, and procedures pertaining to career management 
of Army enlisted personnel.  Paragraph 7-4 (Authority to promote)  field grade 
commanders of any unit authorized a commander in grade of lieutenant colonel (05) or 
higher may promote E-5 and E-6 Soldiers assigned to units that are attached assigned, 
or on TDY or attached (for military justice and administration) to their command or 
installation.

9.  By regulation AR 310-10 (Military Publications – Military Orders), states prescribes 
policy and procedures for preparing and issuing orders for travel, personnel actions, and 
unit organization actions for military personnel and unites, including the use of orders 
formats and DD Form 1610 (Request and Authorization for TDY Travel of DOD 
Personnel).

10.  By regulation (AR 635-5), the DD Form 214 is prepared to show the rank/pay grade 
the Soldier held at the time of separation.  The applicant held the rank/pay grade of 
SP4/E-4 at the time of his separation on 13 May 1983.  




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  The applicant’s contentions were carefully considered.  Based upon 
the documentary evidence provided by the applicant and found within her military 
service record, the Board concluded that her record is absent evidence that shows she 
was promoted to SGT prior to her separation date.  The Board agreed there insufficient 
evidence to grant relief.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

	  
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.

REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents) at the time established the 
standardized policy for preparing and distributing the DD Form 214.  Items 5a and 5b 
show the rank/grade in which a member was serving at the time of separation with an 
indication of permanent or temporary.

3.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, 
prescribed policies, responsibilities, and procedures pertaining to career management 
of Army enlisted personnel.  

	a.  Paragraph 7-4 (Authority to promote)  field grade commanders of any unit 
authorized a commander in grade of lieutenant colonel (05) or higher may promote E-5 
and E-6 Soldiers assigned to units that are attached assigned, or on TDY or attached 
(for military justice and administration) to their command or installation.

	b.  Paragraph 7-5. (Orders) promotions to grades E-4 through E-9 and grade 
restorations will be announced in orders. All orders will be published in the formats 
given in AR 310-10. a. Orders announcing promotions to grade E-4 may be published 
before the date the Soldier actually is eligible provided (1) He or she is within 30 days of 
eligibility date.  (2) Promotions.will.be effective no earlier than the date eligible for that 
grade.  (3) The DOR (date of rank) and effective date for pay purposes will be the same.

4.  By regulation AR 310-10 (Military Publications – Military Orders), states prescribes 
policy and procedures for preparing and issuing orders for travel, personnel actions, and 
unit organization actions for military personnel and unites, including the use of orders 
formats and DD Form 1610 (Request and Authorization for TDY Travel of DOD 
Personnel).

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180012648

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